Article 23.
Trespasses to Personal Property.
§ 14-160. Willful and wanton injury to personal property; punishments.
(a)
If any person shall wantonly and willfully injure the personal property of another he
shall be guilty of a Class 2 misdemeanor.
(b)
Notwithstanding the provisions of subsection (a), if any person shall wantonly and
willfully injure the personal property of another, causing damage in an amount in excess of two
hundred dollars ($200.00), he shall be guilty of a Class 1 misdemeanor.
(c)
This section applies to injuries to personal property without regard to whether the
property is destroyed or not. (1876-7, c. 18; Code, s. 1082; 1885, c. 53; Rev., s. 3676; C.S., s.
4331; 1969, c. 1224, s. 14; 1993, c. 539, s. 105; 1994, Ex. Sess., c. 24, s. 14(c).)
§ 14-160.1. Alteration, destruction or removal of permanent identification marks from
personal property.
(a)
It shall be unlawful for any person to alter, deface, destroy or remove the permanent
serial number, manufacturer's identification plate or other permanent, distinguishing number or
identification mark from any item of personal property with the intent thereby to conceal or
misrepresent the identity of said item.
(b)
It shall be unlawful for any person knowingly to sell, buy or be in possession of any
item of personal property, not his own, on which the permanent serial number, manufacturer's
identification plate or other permanent, distinguishing number or identification mark has been
altered, defaced, destroyed or removed for the purpose of concealing or misrepresenting the
identity of said item.
(c)
Unless the conduct is covered under some other provision of law providing greater
punishment, a violation of any of the provisions of this section shall be a Class 1 misdemeanor.
(d)
This section shall not in any way affect the provisions of G.S. 20-108, 20-109(a) or
20-109(b). (1977, c. 767, s. 1; 1993, c. 539, s. 106; 1994, Ex. Sess., c. 24, s. 14(c); 2009-204, s.
1.)
§ 14-160.2. Alteration, destruction, or removal of serial number from firearm; possession
of firearm with serial number removed.
(a)
It shall be unlawful for any person to alter, deface, destroy, or remove the
permanent serial number, manufacturer's identification plate, or other permanent distinguishing
number or identification mark from any firearm with the intent thereby to conceal or
misrepresent the identity of the firearm.
(b)
It shall be unlawful for any person knowingly to sell, buy, or be in possession of any
firearm on which the permanent serial number, manufacturer's identification plate, or other
permanent distinguishing number or identification mark has been altered, defaced, destroyed,
or removed for the purpose of concealing or misrepresenting the identity of the firearm.
(c)
A violation of any of the provisions of this section shall be a Class H felony.
(2009-204, s. 2.)
§ 14-161: Repealed by Session Laws 1994, Ex. Sess., c. 14, s. 72(7).
§ 14-162. Removing boats.
If any person shall loose, unmoor, or turn adrift from any landing or other place wherever
the same shall be, any boat, canoe, or other marine vessel, or if any person shall direct the same
to be done without the consent of the owner, or the person having the lawful custody or
possession of such vessel, he shall be guilty of a Class 2 misdemeanor. The owner may also
have his action for such injury. The penalties aforesaid shall not extend to any person who
shall press any such property by public authority. (R.C., c. 14, ss. 1, 3; Code, s. 2288; 1889, c.
NC General Statutes - Chapter 14 Article 23
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378; Rev., s. 3544; C.S., s. 4333; 1977, c. 729; 1993, c. 539, s. 107; 1994, Ex. Sess., c. 24, s.
14(c).)
§ 14-163. Poisoning livestock.
If any person shall willfully and unlawfully poison any horse, mule, hog, sheep or other
livestock, the property of another, such person shall be punished as a Class I felon. (1898-9, c.
253; Code, s. 1003; Rev., s. 3313; C.S., s. 4334; 1969, c. 1224, s. 3; 1973, c. 1388; 1979, c.
760, s. 5; 1979, 2nd Sess., c. 1316, s. 47; 1981, c. 63, s. 1, c. 179, s. 14.)
§ 14-163.1. Assaulting a law enforcement agency animal, an assistance animal, or a
search and rescue animal.
(a)
The following definitions apply in this section:
(1)
Assistance animal. – An animal that is trained and may be used to assist a
"person with a disability" as defined in G.S. 168A-3. The term "assistance
animal" is not limited to a dog and includes any animal trained to assist a
person with a disability as provided in Article 1 of Chapter 168 of the
General Statutes.
(2)
Law enforcement agency animal. – An animal that is trained and may be
used to assist a law enforcement officer in the performance of the officer's
official duties.
(3)
Harm. – Any injury, illness, or other physiological impairment; or any
behavioral impairment that impedes or interferes with duties performed by a
law enforcement agency animal or an assistance animal.
(3a) Search and rescue animal. – An animal that is trained and may be used to
assist in a search and rescue operation.
(4)
Serious harm. – Harm that does any of the following:
a.
Creates a substantial risk of death.
b.
Causes maiming or causes substantial loss or impairment of bodily
function.
c.
Causes acute pain of a duration that results in substantial suffering.
d.
Requires retraining of the law enforcement agency animal or
assistance animal.
e.
Requires retirement of the law enforcement agency animal or
assistance animal from performing duties.
(a1) Any person who knows or has reason to know that an animal is a law enforcement
agency animal, an assistance animal, or a search and rescue animal and who willfully kills the
animal is guilty of a Class H felony.
(b)
Any person who knows or has reason to know that an animal is a law enforcement
agency animal, an assistance animal, or a search and rescue animal and who willfully causes or
attempts to cause serious harm to the animal is guilty of a Class I felony.
(c)
Unless the conduct is covered under some other provision of law providing greater
punishment, any person who knows or has reason to know that an animal is a law enforcement
agency animal, an assistance animal, or a search and rescue animal and who willfully causes or
attempts to cause harm to the animal is guilty of a Class 1 misdemeanor.
(d)
Unless the conduct is covered under some other provision of law providing greater
punishment, any person who knows or has reason to know that an animal is a law enforcement
agency animal, an assistance animal, or a search and rescue animal and who willfully taunts,
teases, harasses, delays, obstructs, or attempts to delay or obstruct the animal in the
performance of its duty as a law enforcement agency animal, an assistance animal, or a search
and rescue animal is guilty of a Class 2 misdemeanor.
(d1) A defendant convicted of a violation of this section shall be ordered to make
restitution to the person with a disability, or to a person, group, or law enforcement agency who
owns or is responsible for the care of the law enforcement agency animal or search and rescue
animal for any of the following as appropriate:
(1)
Veterinary, medical care, and boarding expenses for the law enforcement
agency animal, the assistance animal, or the search and rescue animal.
(2)
Medical expenses for the person with the disability relating to the harm
inflicted upon the assistance animal.
(3)
Replacement and training or retraining expenses for the law enforcement
agency animal, the assistance animal, or the search and rescue animal.
(4)
Expenses incurred to provide temporary mobility services to the person with
a disability.
(5)
Wages or income lost while the person with a disability is with the
assistance animal receiving training or retraining.
(6)
The salary of the law enforcement agency animal handler as a result of the
lost services to the agency during the time the handler is with the law
enforcement agency animal receiving training or retraining.
(6a) The salary of the search and rescue animal handler as a result of the search
and rescue services lost during the time the handler is with the search and
rescue animal receiving training or retraining.
(7)
Any other expense reasonably incurred as a result of the offense.
(e)
This section shall not apply to a licensed veterinarian whose conduct is in
accordance with Article 11 of Chapter 90 of the General Statutes.
(f)
Self-defense is an affirmative defense to a violation of this section.
(g)
Nothing in this section shall affect any civil remedies available for violation of this
section. (1983, c. 646, s. 1; 1993, c. 539, s. 108; 1994, Ex. Sess., c. 24, s. 14(c); 1995, c. 258, s.
1; 2001-411, s. 1; 2005-184, s. 1; 2007-80, s. 1; 2009-460, s. 1.)
§ 14-164: Repealed by Session Laws 1994, Ex. Sess., c. 14, s. 72(8).